HF 2124

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/06/2021 06:30pm

A bill for an act
relating to human rights; creating an office for missing and murdered indigenous
relatives; requiring a report; appropriating money; proposing coding for new law
in Minnesota Statutes, chapter 241.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[241.82] OFFICE FOR MISSING AND MURDERED INDIGENOUS
RELATIVES.

Subdivision 1.

Definitions.

As used in this section, the following terms have the meanings
given.

(a) "Indigenous" means descended from people who were living in North America at
the time people from Europe began settling in North America.

(b) "Missing and murdered indigenous relatives" means missing and murdered indigenous
people.

(c) "Missing and Murdered Indigenous Women Task Force report" means the report
titled "Missing and Murdered Indigenous Women Task Force: a Report to the Minnesota
Legislature," published by the Wilder Research organization in December 2020.

Subd. 2.

Duties.

The office has the following duties:

(1) advocate in the legislature for legislation that will facilitate the accomplishment of
the mandates identified in the Missing and Murdered Indigenous Women Task Force report;

(2) advocate for state agencies to take actions to facilitate the accomplishment of the
mandates identified in the Missing and Murdered Indigenous Women Task Force report;

(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to the cases of missing and murdered indigenous
relatives;

(4) facilitate research to refine the mandates in the Missing and Murdered Indigenous
Women Task Force report and to assess the potential efficacy, feasibility, and impact of the
recommendations;

(5) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;

(6) facilitate technical assistance for local and tribal law enforcement agencies during
active missing and murdered indigenous relatives cases;

(7) conduct case reviews and report on the results of case reviews for the following types
of missing and murdered indigenous relatives cases: cold cases for missing indigenous
people and death investigation review for cases of indigenous people ruled as suicide or
overdose under suspicious circumstances;

(8) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against an indigenous person. These case reviews
should identify those cases where the perpetrator is a repeat offender;

(9) prepare draft legislation as necessary to allow the office access to the data required
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;

(10) review sentencing guidelines for missing and murdered indigenous women-related
crimes, recommend changes if needed, and advocate for consistent implementation of the
guidelines across Minnesota courts;

(11) develop and maintain communication with relevant divisions in the Department of
Public Safety regarding any cases involving missing and murdered indigenous relatives and
on procedures for investigating cases involving missing and murdered indigenous relatives;
and

(12) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through
Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and
Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that
have the right to determine if and how they will coordinate with these other efforts.

Subd. 3.

Coordination with other organizations.

In fulfilling its duties the office may
coordinate, as useful, with stakeholder groups that were represented on the Missing and
Murdered Indigenous Women Task Force and state agencies that are responsible for the
systems that play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against indigenous women, those who have a role in supporting or
advocating for missing or murdered indigenous women and the people who seek justice for
them, and those who represent the interests of indigenous people. This includes the following
entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau
of Criminal Apprehension; Minnesota Police and Peace Officers Association; tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's Office;
juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States
Coast Guard; state agencies, including the Departments of Health, Human Services,
Education, Corrections, and Public Safety; the Minnesota Indian Affairs Council; service
providers who offer legal services, advocacy, and other services to indigenous women and
girls; the Minnesota Indian Women's Sexual Assault Coalition; Mending the Sacred Hoop;
Indian health organizations; indigenous women and girls who are survivors; the 11 tribal
nations that share geography with Minnesota; and organizations and leadership from urban
and statewide American Indian communities.

Subd. 4.

Executive director; staff.

(a) The governor must appoint an executive director
who is a person closely connected to a tribe or indigenous community and who is highly
knowledgeable about criminal investigations. The governor is encouraged to consider
candidates for appointment who are recommended by tribes and indigenous communities.
The executive director serves in the unclassified service.

(b) The executive director may select, appoint, and compensate out of available funds
assistants and employees as necessary to discharge the office's responsibilities. The executive
director may appoint an assistant executive director in the unclassified service.

(c) The executive director and full-time staff shall be members of the Minnesota State
Retirement Association.

Subd. 5.

Reports.

The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The office must submit the report by January 15 each year to the chairs and
ranking minority members of the house of representatives and the senate committees with
primary jurisdiction over public safety.

Subd. 6.

Budget.

The executive director must prepare and subject the biennial budget
of the office to the commissioner of management and budget in accordance with section
16A.10.

Subd. 7.

Grants.

The office may apply for and receive grants from public and private
entities for purposes of carrying out the office's duties under this section.

Subd. 8.

Access to data.

Notwithstanding section 13.384 or 13.85, the executive director
has access to corrections and detention data and medical data maintained by an agency and
classified as private data on individuals or confidential data on individuals when access to
the data is necessary for the office to perform its duties under this section.

Sec. 2. APPROPRIATION.

$....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general
fund to the Office for Missing and Murdered Indigenous Relatives, under Minnesota Statutes,
section 241.82, for operations.